Reactions from trans activists and allies – as well as anti-trans campaigners – have poured in following the UK Supreme Court’s landmark ruling on the legal definition of sex and, by extension, what a woman is.
Publishing the ruling on Wednesday (16 April), the court decided the legal definition of a woman was based on biology, with Judge Lord Hodge stating: “The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”
“But we counsel against reading this judgement as a triumph of one or more groups in our society at the expense of another, it is not,” he added, noting that trans people still have protection under the law.
In a statement issued to PinkNews, Stonewall CEO, Simon Blake OBE said: “Stonewall shares the deep concern at the widespread implications for today’s ruling from the Supreme Court. It will be incredibly worrying for the trans community and all of us who support them.
“It’s important to be reminded the Court strongly and clearly re-affirmed the Equality Act protects all trans people against discrimination, based on Gender Reassignment, and will continue to do so.
“Once we read and fully digest the judgement, we will work with stakeholders across all sectors to provide as much clarity as possible.
“Stonewall will continue its work with the Government and parliamentarians to achieve equal rights under the law for LGBTQ+ people.”
Writing on her Instagram story, model and trans activist Munroe Bergdorf said: “We’ll get through this together”
“Spending the next few days listening/speaking to legal experts about how this will impact the future of our community in the UK,” she wrote.
“In the meantime, please hold each other close.”
Scottish Trans, a group supporting trans folks in the devolved nation, urged people “not to panic” via its Bluesky account.
“There will be lots of commentary coming out quickly that is likely to deliberately overstate the impact that this decision is going to have on all trans people’s lives,” the group wrote. “We’ll say more as soon as we’re able to. Please look out for yourselves and each other today.”
Following the ruling, the Scottish government – which lost the case – issued a statement of its own.
“The Supreme Court rightly counselled against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not,” it said, as quoted by the BBC.
“The ruling gives clarity between two pieces of relevant legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.”
“The Scottish government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and our approach was guided by the published guidance of the EHRC.
It continued: “The Supreme Court judgment explicitly references that this stance was consistent with the advice given by the Equality and Human Rights Commission (EHRC).
“We will be engaging with the UK government to understand the full implication of this ruling, particularly in relation to Equalities law, which remains largely reserved.
“And we will engage with the EHRC as a matter of urgency on the need to review its guidance considering this judgment.
“Finally, we want to reassure everyone that the Scottish government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country.”
As widely quoted in the national press, a spokesperson for the UK government at Westminster said of the ruling: “We have always supported the protection of single-sex spaces based on biological sex.
“This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.
“Single-sex spaces are protected in law and will always be protected by this government.”
By contrast, author JK Rowling – who is well-known for her gender critical views – praised the ruling on her X account.
“It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK,” she wrote.
“@ForWomenScot, I’m so proud to know you.”
Kate Barker, chief executive of anti-trans charity LGB Alliance described the court decision was “watershed”.
“The ruling confirms that the words ‘gay’ and ‘lesbian’ refer to same-sex sexual orientation and makes it absolutely clear that lesbians wishing to form associations of any size are lawfully entitled to exclude men – whether or not they possess a GRC (gender recognition certificate),” she said, as quoted by the Press Association.
“It is difficult to express the significance of this ruling: it marks a watershed for women and, in particular, lesbians who have seen their rights and identities steadily stolen from them over the last decade.”
In a statement also shared with PA, Conservative party leader Kemi Badenoch – the last government’s equality minister – said: “Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either.
“This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex.
“The era of Keir Starmer telling us women can have penises has come to an end.
“Well done to For Women Scotland!”
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